Malanand Bishwas And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20586 of 2018 Arising Out of PS.Case No. -359 Year- 2017 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Malanand Bishwas & Ors .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Ojha For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with K.Nagar (Sri Nagar) P.S.Case no.359 of 2017 , registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 302 & 504 of the Indian Penal Code. Allegation against the petitioner No.1 is of catching hold the brother of the complainant, petitioner nos. 2 to 5 are ladies. There is general and omnibus allegation of assault and no specific allegation has been attributed against them.

Submission of the learned counsel for the petitioners is that there is general and omnibus allegation and against petitioner no.1 there is allegation of catching hold to the brother of the complainant and allegation of assault is against other accused persons.

Patna High Court Cr.Misc. No.20586 of 2018 (2) dt.26-04-2018 2/2 Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that they were carrying no intention to kill the deceased. Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with K.Nagar (Srinagar) P.S.Case No.359 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T